Based in Sydney, Australia, Foundry is a blog by Rebecca Thao. Her posts explore modern architecture through photos and quotes by influential architects, engineers, and artists.

Can an H-1B Visa Holder Start a Business in US or Own Some Percentage of Equity in a US Based Startup?

It depends on the corporate structure. Unfortunately, S-Corps don’t allow foreign ownership.

If the corporation were modified to become a C-Corp or an LLC, then you could own a nominal percentage as an H-1B visa holder.

There seems to still be much confusion about H-1B holders being able to work for their own companies. That’s because the USCIS hasn’t always been clear or consistent in its interpretation and enforcement of the rules. To address the confusion, the USCIS issued this memorandum and these clarifications regarding an H-1B visa holder’s ability to also own part of the company s/he works for.

You can learn more about H-1Bs from this piece I wrote.

What Is the Total Cost to the Employer and the Employee in Case of a H-1B Transfer? Is It Same as Filing a New H-1B Visa?

How Long Does It Take to Get an H-1B Receipt from USCIS If the Petition Has Been Filed Under Standard Processing?